Category Archives for "TUPE"
A typical query that often arises in respect of the TUPE regulations is whether TUPE applies to Sub-Contractors. Do the regulations still apply when a contracting company sub-contracts a contract, breaking the contractual link between the client and the company initially contracted to carry out the work? ... Well no.
The terms and conditions of the contract cannot be changed if the sole reason for the change is the TUPE transfer itself. If you want to change the terms and conditions of the employee’s contract, the terms must not be less favourable than the employee’s current terms and conditions.
To be considered a relevant transfer under TUPE, the regulations state that before a service provision change, there is an “organised grouping of employees” situated in Great Britain, whose principal purpose is carrying out work on behalf of the client.